Digital Imaging Procedure SO CR 8 PDF

**DIGITAL IMAGING PROCEDURE** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | | +===================================+===================================+ | Reference No...

**DIGITAL IMAGING PROCEDURE** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | | +===================================+===================================+ | Reference No | | +-----------------------------------+-----------------------------------+ | Relevant Department or Group | | +-----------------------------------+-----------------------------------+ | Ownership | | +-----------------------------------+-----------------------------------+ | Document Author | | +-----------------------------------+-----------------------------------+ | Approved by | | +-----------------------------------+-----------------------------------+ | Approval Date | July 2020 | +-----------------------------------+-----------------------------------+ | Implementation Date | July 2020 | +-----------------------------------+-----------------------------------+ | To be Reviewed Date | | +-----------------------------------+-----------------------------------+ | Last Revised Date | | +-----------------------------------+-----------------------------------+ | Quality Assured by | Policy Dpt | +-----------------------------------+-----------------------------------+ | Protective Marking | | +-----------------------------------+-----------------------------------+ | Linked to other | | | | | | Standing Order | | +-----------------------------------+-----------------------------------+ | Relevant Legislation | | +-----------------------------------+-----------------------------------+ | Pages | 12 | | | | | (including this page) | | +-----------------------------------+-----------------------------------+ **TABLE OF CONTENTS** [Introduction](#section1) [Pages](#ChiefConstablePolicyStatement) [Section 1](#section1) ------------------------------------------------------------------------ ------------------------------------------------------------- ---------------------------------------- [][Preparation](%5Cl) [Pages](#WeaponManagement) [2-4] [Section 2](#section2) [Capture](#section3) [Pages](#CalibrationandLiftingEquipment) [4-5] [Section 3](#section3) [Storage of Still Images](#section4) [Pages 5](#MaintenanceProcedures) [Section 4](#section4) [Storage of Digital Video](#section5) [Pages](#FaultReportingProcedures) [Section 5](#section5) [Seizure/Storage of CCTV Footage](#section6) [Pages](#WeaponManagement) [5-6] [Section 6](#section6) [Protection, Securing and Gathering of Evidence](#section7) [Pages](#CalibrationandLiftingEquipment) [6-9] [Section 7](#section7) [Presenting Exhibits in Court](#section8) [Pages](#MaintenanceProcedures) [Section 8](#section8) [Disposal of exhibits and Completing Audit Trail](#section9) [Pages](#WeaponManagement) [Section 9](#section9) [Legal Implications](#section10) [Pages](#CalibrationandLiftingEquipment) [9-11] [Section 10](#section10) [Statements of Evidence](#section11) [Pages](#WeaponManagement) [11-12] [Section 11](#section11) [Miscellaneous](#section12) [Glossary and Abbreviations] [Pages](#CalibrationandLiftingEquipment) [Section 12](#section12) [Glossary and Abbreviations](#glossaryandabbreviation) [ ] [Pages 13] [Section 13](#glossaryandabbreviation) []{#section1.anchor}**1. Introduction** An organised and methodical approach in dealing with evidence is vital to the success of any investigation. The purpose of this Policy is to provide guidance and directions in relation to capturing, exhibiting, storage and presentation of still and video images relating to Police investigation, before the court. Such an organised and methodical approach will ensure integrity in investigations and best evidence. **2. Preparation** These elements of the procedure include the preparatory steps before images are captured on a photographic and/or video camera or Body Worn Camera (refer to Standing Order OP33). This may be directly before the images are taken, or at the earlier stage or date where work can be anticipated. These steps identify the importance of: - - Such checks will avoid embarrassment of failure and/or challenges about conformance with an accepted procedure, so adherence to an established procedure will assist in safeguarding those captured images. ***2.1 Documentary (Audit) Trail*** One of the fundamental requirements of digital imaging is the need to safeguard the integrity of images; part of this process involves audit trail of documents being started at the earliest stage. Currently this will be as a written audit trail, however, as technology improves there may be an increasing availability of "electronic" audit trails mapping the movement and changes to files on computers. The procedure relies on the written audit activities. Where good practice is in place for the collection of evidence, including video and still images, there will be no change in principle. In practice, there probably will be little change in existing procedures with conventional photography except that the operator may receive reusable media to reformat and use. The audit trail for the images is usually part of the audit trail for the larger operation or examination being carried out. Consideration should be given to the audit trail, before capture of any police-originated images. The audit trail should include, with the date and time of action: - - - - - - - - - - - ***2.2 Check Operation of Equipment*** The correct operation of any equipment is essential to gathering evidence. In particular it is suggested that checks are made to ensure that: - - - - - - - This list in not definitive and detailed information should be obtained from the equipment manuals. []{#section3.anchor}**3. Capture** ***3.1 Still images*** Take images on JPEG Format. Generally digital still or video equipment is used in the same way as conventional cameras. There are two main differences: - - Operators should anticipate their requirements and have sufficient empty storage medium available. ***3.2 Taking Images of No Evidential Value*** Currently CSIs/officers are visiting scenes and take images sometimes just to show the landscape. The practice of taking images just for the sake of taking them should stop. If the images to be taken have no evidential value; then CSIs/officers should not take them. Images should be taken to show the exact place broken into or to show for instance a footwear mark, a fingerprint mark, a tool mark, an injury, an exhibit etc. This way we are saving money spent on man-hour, CD-ROM and paper for printing them. ***3.3 Deletion and Editing of Images*** On most digital still cameras there is an option to delete image files that have already been saved to the storage medium. One crucial aspect of the procedure is that **none** of the images taken should be deleted. Any deletion of images, whether intentionally or accidentally, may be subject of a challenge on its admissibility and/or reliability during the trial. Still images can be captured on many different types of cameras using multitude of memory storage devices/memory cards. The manufacturer's manual should be referred to for instructions on correct use of these types of media. Currently the SBA Police are using Canon EOS digital cameras and compact flash cards. Under no circumstances should images be edited in any way. []{#section4.anchor}**4. Storage of Still Images** Once the images taken are downloaded, they should be stored on the external hard drives provided for this purpose. When this is done, necessary CD-ROMs can be produced for Master and/or working copies, whichever is applicable. Images exceeding 5 years from date downloaded will be deleted from the computer hard drive. Working copies **will** only be produced for cases that prosecution has been decided and there is a need for printing hard copies of images. Once images are transferred to external hard drive, the reusable medium is reformatted to remove all the previous image files in preparation for reuse. This reformatting should be carried out in preparation for the work ahead and the officer should have sufficient empty media for such purposes. Media cards may have to be reformatted in the particular camera prior to use otherwise they may not accept the images to be stored. []{#section5.anchor}**5. Storage of Digital Video** ***5.1 Removable Tape Medium*** Digital Video footage will be handled and stored in the same way as still images. []{#section6.anchor}**6. Seizure/Storage of CCTV Footage** Quite often the Police enquiries lead to evidence recorded on CCTV's, which like any other evidence must be handled in the appropriate way thus securing admissibility. ***6.1 Non-removable medium*** These are usually in the form of hard disc drives and mainly used for direct storage of video. Because of the high cost and limited capacity of hard drives, images captured by CCTV's are usually stored and subsequently erased after a preset time or after the images have been transferred (back-up) to some other medium for transport or archive. The back-up might be selective, by automatic or manual selection. It may be necessary to bring in specialist to ensure that the data is downloaded. When an incident or offence has occurred and there is a requirement to take information from the hard disc of a CCTV as evidence: - - - - - - - If it is necessary to seize more than a small amount of data this may take considerable time and require many units of back-up media for example CD's. []{#section7.anchor}**7. Protecting, Securing and Gathering Evidence** There are various media on which images can be captured, both reusable and non-reusable. Irrespective of their nature, early transition from capture to defining the Master phases is extremely important. The integrity of images needs to be protected at the earliest stage as this reduces the opportunities at court. Accidental alteration or erasure could be detected by noting image number sequences. With CD media, still image files can be protected using camera functions. If an image is deleted, it is only the address in the directory which is deleted. The image is simply not accessible therefore the capacity on the disc is not increased and this shows that an image has been deleted. ***7.1 Copy To WORM*** Images on reusable medium should be copied from the initial storage medium in the original format onto a WORM medium, for example CD-R. Once the images and associated data have been copied onto the CD-R and it has been closed, they cannot be overwritten or altered. The preparation of the WORM copy should be carried out as soon as possible after the capture to reduce the time and the opportunity for the accidental or malicious alteration to images. Until recently this was done by IT officers, who were not available after office hours and during weekends. In an effort to facilitate the process, and to shorten the chain of evidence, this is currently done by CSIs and/or CID Officers. In most cases WORM copies should relate to the relevant prosecution in case papers to facilitate the storage, retrieval and eventual disposal of case material. Video sequences may be downloaded to WORM, for example DVD convenience of storage and replaying. The software required for viewing proprietary formats must be available otherwise the images will be inaccessible. It is advisable to copy and replay software onto each WORM recording to assist with the correct viewing of the files. ***7.2 Production of Still Image CD's*** The Master is defined and will be documented as such. It will then be stored securely pending its production as court as an exhibit. Only in the event of any doubt being cast upon the integrity of the images will the Master be viewed. As said before Working Copy will only be produced after the Master is defined, for cases that a decision has been made for prosecution and there is a need for the printing of hard copies of the images. The Working Copy, as its name implies, is the version that will be used for investigation and to assist in the preparation of the prosecution file. Where it is believed that images relate to any crime or incident pending civil or criminal proceedings they must be retained. Offence type and sentences determine the length of time they must be retained on conviction. The circumstances of their retention should ensure that their integrity is maintained in the event of appeals against sentence, civil claims and or retrials. Adherence to the Standing Order A9 Destruction of Documents should be paid. All use and movement of the Master will be logged in the audit trail. Similarly, any significant use, enhancement and distribution of Working Copies should be logged. The aim is to support the presentation of evidence through legal proceedings. The core of the procedure is the production definition and storage of a Master which can be examined if required by the court to confirm the authenticity of the images. The Master should be: - - - - - Force policies should be developed to cater for such eventualities. Image files should be in the same format as: - - ***7.3 Defining Master and Copy Video images*** Video images seized as master will be handled in the same manner as still images. ***7.4 Produce Working Copies*** Working Copies can be in many forms. Currently SBA Police are producing hard copies for distribution purposes to AGLA's office and defence lawyers. The files could be copied onto any suitable medium or e-mailed for circulation to the AGLA's office or defence lawyers. Issues of quality control, security and resource management need to be considered. ***7.5 Document and Secure Storage Of Master*** When Master is defined, will be documented as such and retained in secure storage as an exhibit for court purposes. Force policies need to be established to ensure that the integrity of the images is maintained throughout the storage, to include the period before, during and after any court proceedings during which the images might be used. There will be times when the Master may need to be viewed for any reason. Force policy need to be developed concerning the actual process of opening the exhibit and any seal that has been used to protect the images. Up until now the storage was on physical, separate piece of medium such as a disc. Now we are moving to an electronic storage on external hard drives which will have an effect on our procedures. The location and any access to the Master or movement of the Master should be recorded in the audit trail. Whatever form the Master takes it is essential to label it adequately, protect it from physical damage and contamination and store it securely. Whether this is a room or locked cabinet it should have a clean dry atmosphere with temperature variations limited to normal room temperatures to prevent condensation. Where long-term storage is needed expert advice should be sought. ***7.6 Retain as exhibit*** The Master should be labelled, registered, protected and stored in accordance with force procedures in order to fulfil statutory requirements. Audit trails started at the outset of the image/video capture process should be completed and documented contemporaneously. A similar process may be necessary for those Working Copies that may be produced as evidence. []{#section8.anchor}**8. Presenting Exhibits in Court** All images should be presented so that the evidential content is not compromised. If there is pertinent material that can only be seen when the image is viewed in digital form, then provision should be made for appropriate playback equipment to be provided in court. It is generally accepted that the police should provide this equipment. It should be understood that images may look different depending on the equipment used. In particular, images viewed on different screens may differ from one another. An accurate facility should be provided whenever possible. []{#section9.anchor}**9. Disposal of Exhibits and Complete Audit Trail** Mechanisms should be considered for the disposal of images once the periods of retention specified in SO A9 are completed. Currently, the images are produced as prints from CD's and the records are paper documents but an equivalent system for the destruction of all electronic files will be required. All copies of images should be disposed of when they have no further evidential value, in accordance with force procedures and statutory requirements, and an appropriate entry in the audit trail. []{#section10.anchor}**10. Legal Implications** ***10.1 Taking Photos/Video at Crime Scenes*** Taking photographs and video at a crime scene is part of the normal investigation of the criminal offences. These activities are normally governed by considerations of: - - - The Criminal procedure (Disclosure) Ordinance 2007 will be relevant to any photographs taken during the course of the criminal investigation. Photographs and videos will need to be disclosed to the defence if they are relied upon by the prosecution, even if they are not used by the prosecution. Senior Crown counsel and Crown Counsel will advise in individual cases. The Criminal Procedure (Disclosure) Ordinance 2007 will be relevant to any photographs taken during the course of criminal investigation. Photographs and videos will need to be disclosed to the Defence if they relied upon by prosecution. They may have also be disclosed even if they are not used by the prosecution. Senior Crown Counsel and Crown Counsel will advise in individual cases. Section 13 of the Evidence Ordinance 2010 contains specific provisions about micro-photographic images. It is also possible that the person taking any photographs will have to confirm in evidence that he or she took the photographs. The purpose for which the photographs/videos are taken, and the nature of the photographs may also raise legal issues. For example, if it is necessary to take intimate photographs of the parts of the body of a living person (whether a suspect or a victim) then a legal obligation of confidentiality is likely to arise. This would restrict the use to which the photographs could be put. Legal advice should be sought if photographs are used for a purpose other than that which was originally intended.. ***10.2 Taking photos/Video In Demonstrations*** The taking of photographs of persons at a peaceful demonstration may engage Article 8 of the ECHR. While the bare act of taking photographs in a public place is not capable of engaging Article 8 (unless there are aggravating circumstances), the taking of photographs by the police usually carries the implication that the images will be kept and used by the State and so is a potential violation of Article 8. However, there is unlikely to be a violation of Article 8 when the police are taking photographs and videos of persons participating in protests if the photos and videos are used in the investigation and prosecution of criminal offences provided that; - - In the case of a demonstration (peaceful or otherwise) the legitimate aim is usually the prevention of crime and disorder, but other legitimate aims may be relevant, such as the protection of the rights of others. If photographs of a peaceful demonstration are taken, at which disorder occurs then it is likely to be hard to justify retention of those photographs/videos, particularly if they are of known individuals, for more than a few days. I however, there is good reason to suspect that an individual will be involved in crime or disorder then it may be possible to justify retention for a longer period of time. At riotous demonstrations police can obtain and retain photographs and video as it forms part of evidence gathering. Those photographs/video form part of the evidence in the criminal file. []{#section11.anchor}**11. Statements** ***11.1 Statement of System Administrator*** *I am a Police Constable stationed at SBA Police Akrotiri/Dhekelia and currently attached to the Information Technology and Communications Unit, as System Administrator. On (day, date and time) whilst on duty at (place) I received one memory card under Serial Number...................... I downloaded all images from the said memory card on the hard disk of my computer. I did not edit, modify or in any way change the files and or images downloaded. I created a Master Copy which I seized as exhibit, packed sealed and labelled as PM1 Master CD ROM of images............. I then created one Working Copy with the said images on CD ROM and I deleted all images from the said memory card. I then marked the Working Copy as Working Copy 1. On the same day I handed over the Master exhibit MT1 to DS Jones for secure storage in the exhibit store and the working copy to PC Mark -- the investigating officer.* ***11.2 Statement of CSI Photographer*** *I am a Police Constable stationed at SBA Police Station Akrotiri/Dhekelia, currently attached (Unit/ department/shift). On (day, date and time) whist on duty, I attended (give details of the location of the incident/scene. Its nature and what you have witnessed). I was using a Police Digital Camera under Serial Number................. and memory card Serial Number................... I took a number of photographs (give brief details of the photographs content and the actual number of photographs taken). On (day, date and time) at (place), I downloaded all images to the 1.0 TB external USB Hard Drive for safe keeping. I did not edit, modify or in any way change the files and or images downloaded. I created one Master CD ROM which I seized as exhibit. I packed, sealed and labelled it as PM1 Master CD ROM of images............. I then created one Working Copy with the said images on CD ROM, deleted all images from the said memory card and reformatted it for the next use. I then marked the Working Copy as Working Copy 1. On the same day I handed over the Master exhibit MT1 to DS Jones for secure storage in the exhibit store.* If the case is such that no working copy is needed, then there is no need to include the particular sentence in the statement. []{#section12.anchor}**12. Miscellaneous** ***12.1 Training*** The Force Forensics Manager will arrange training sessions upon the directions of Human Resources Steering Group and in liaison with Police Training Unit; for uniform officers. ***12.2 Technical Support and Advice*** The Force Forensics Manager is available to provide technical support and advice on photography and video recordings; he will be monitoring technology evolution and make recommendations for acquiring new equipment when ne*cessary.* []{#glossaryandabbreviation.anchor}**Glossary and Abbreviations** ***CSI :** Crime Scene Investigator* ***CD ROM:** Read only Memory Compact Disc* ***CCTV:** Closed Circuit Television* ***ECHR:** European Convention of Human Rights* ***AGLA:** Attorney General and Legal Advisor* ***WORM medium:** data storage technology that allows information to be written to a disc a single time and prevents the drive from erasing the data.* ***CD-R:** digital optical disc storage format*